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AR HB1608
Bill
Status
3/23/2011
Primary Sponsor
Jim Nickels
Click for details
AI Summary
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Repeals Arkansas Code § 5-4-105, which previously governed expungement and sealing options for criminal records.
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Amends § 5-64-413 to require courts to expunge records of persons placed on probation for misdemeanor drug offenses under controlled substance provisions.
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Modifies § 16-90-904(a) to establish that courts must expunge all misdemeanor convictions upon petition unless clear and convincing evidence exists to deny expungement.
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Exempts seven specific misdemeanor offenses from automatic expungement, including negligent homicide (Class A), battery in the third degree, indecent exposure, public sexual indecency, sexual assault in the fourth degree, domestic battering in the third degree, and driving while intoxicated.
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Allows exempted offenses to be expunged after five (5) years from sentence completion and requires expungement after that waiting period unless clear and convincing evidence supports denial.
Legislative Description
Regarding The Expungement Of Misdemeanor Convictions.
Last Action
House Notification that HB1608 is now Act 626
3/23/2011